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Fresh Express Salad Recall Lawsuit in 2024 (Updated Daily)

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Fresh Express salads have been involved in multiple contamination incidents, leading to recalls and serious health concerns.

This article will detail the most recent recalls, the legal options available to consumers, and the steps taken to address these issues.

Fresh Express Salad Recall Lawsuit Update 2024

In February 2024, Fresh Express initiated a recall of two salad kits—Salsa! Ensalada and Marketside Southwest Chopped Salad—due to potential contamination with Listeria monocytogenes. The contamination was traced back to a cheese supplier, Rizo-Lopez Foods, Inc.

The recall, which affects products with use-by dates ranging from January 6 to February 20, 2024, spans several states, including Alabama, California, and Florida. Listeria poses a serious health risk, especially to young children, the elderly, and those with weakened immune systems, prompting the company to advise consumers to discard any affected salad kits immediately.

From a legal perspective, individuals who fell ill after consuming the contaminated salads may have grounds to file a lawsuit against Fresh Express.

These lawsuits may cover medical expenses, lost wages, and other damages related to illness. Consumers who have experienced health issues after eating the recalled products are encouraged to seek our legal counsel for potential compensation.

Wal-Mart Issues Fresh Express Recall After Dead Bat Found in Salad Mix

November 29, 2022 – Walmart Issues Fresh Express Recall After Dead Bat Found in Salad Mix On November 29, 2022, Walmart recalled Fresh Express Organic Marketside Spring Mix from stores across the Southeastern U.S. after a dead bat was found inside a package, according to the Miami Herald.

Two people discovered the bat while eating the salad. However, due to the bat’s deteriorated condition, the CDC was unable to determine if it had rabies.

Although the chance of rabies transmission is “minimal” through dead animal body parts, the recalled product was sold in an affected region, including Florida, Georgia, and Virginia. Consumers who purchased the salad should discard it or return it to the store.

Related Article: Listeria Infection Outbreak Lawsuit Update

Fresh Express Salad Recalled for Listeria Contamination

According to the FDA, Fresh Express recalled dozens of varieties of its branded and private label fresh express bagged salads produced at the company’s Streamwood, Illinois facility because the product has the potential to be contaminated with Listeria monocytogenes [1].

In December 2021, Fresh Express recalled dozens of varieties of their branded and private-label bagged salads due to potential contamination with Listeria monocytogenes. The recall affected the Northeast and Midwest regions of the U.S., along with Canadian retailers.

The Michigan Department of Agriculture identified the issue through a random sample of Fresh Express Sweet Hearts Salad Mix. The U.S. Centers for Disease Control and Prevention (CDC) has since reported ten related illnesses dating back to 2016.

Recalled Products:

  • Fresh Express 9 oz. Sweet Hearts Salad Mix
  • Additional private-label brands from various retailers in the region

Fresh Express Caesar Salad Kit Recall

According to the FDA, Fresh Express is recalling cases of expired 10.5 oz. Fresh Express Kit Caesar Supreme [2] with a Use-by Date of November 8, 2020, and Product Code S296 because it may be contaminated with Escherichia coli STEC 026 bacteria.

The recalled salads were distributed to the following states: Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, North Dakota, New Mexico, Nevada, Oregon, Texas, Utah, Washington, and Wyoming. This recall began on November 17, 2020.

Fresh Express Salads Recalled Over Cyclospora Contamination

According to an FDA Recall Notice issued 6/29/20, Fresh Express is recalling the following salads produced at its Streamwood, Illinois, facility over potential contamination with cyclospora [3].

Notable Recalled Products:

  • Fresh Express Chopped Kit Southwest
  • Fresh Express Fancy Greens
  • Fresh Express Veggie Lover’s Salad

The recalled salads were distributed to retail stores between June 6 and June 26, 2020, in the following states: Arkansas, Connecticut, Delaware, Iowa, Illinois, Indiana, Kansas, Kentucky, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Jersey, New York, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Tennessee, Virginia, Vermont, Wisconsin, West Virginia, and the District of Columbia.

According to the Centers for Disease Control and Prevention (CDC), more than 200 illnesses have been reported in connection with an outbreak of Cyclospora occurring in the Midwest U.S. states [4].

E. Coli Outbreak Linked to Romaine Lettuce, Leafy Greens Over

CDC is reporting that the outbreak of E. coli infections linked to Fresh Express Sunflower Crisp Chopped Salad Kits appears to be over, as the products that made people sick in the outbreak are no longer on the market [5]. This outbreak, and a larger multi-state outbreak linked to romaine lettuce from Salinas, California, all shared a common lettuce supplier with ranches in Salinas.

Although this grower was determined to be a common supplier for all 3 outbreaks based on available evidence, the romaine lettuce from this grower does not explain all the illnesses reported in the 3 outbreaks.

What’s the Problem?

The U.S. Centers for Disease Control and Prevention (CDC) is warning consumers to avoid Fresh Express Sunflower Crisp Chopped Salad Kits after they were linked to an outbreak of E. coli infections that has sickened at least 10 people in 5 states [6]. Of those sickened, at least 4 people were hospitalized for complications of E. coli, and 1 person developed hemolytic uremic syndrome, or HUS, a life-threatening form of kidney failure.

The outbreak strain of E. coli linked to Fresh Express Salads is different from the one associated with romaine lettuce grown in Salinas, California, although preliminary tests suggest the contaminated ingredient in the Fresh Express Salads may be lettuce sourced from the same area. CDC is continuing to investigate and will provide more information as it comes available.

Legal Rights for Consumers Affected by Fresh Express Salad Recalls

If you or a loved one has become ill after consuming contaminated Fresh Express salads, you may be entitled to seek compensation for your medical expenses, lost wages, and pain and suffering. Multiple class-action lawsuits have been filed regarding contaminated salad products, and it is essential to understand your legal rights.

Consumers can file lawsuits against Fresh Express for:

  • Medical expenses related to treatment of foodborne illnesses.
  • Lost income due to missed work during recovery.
  • Pain and suffering caused by the illness.

If multiple people are affected by the same product, a class-action lawsuit could provide victims with the compensation they deserve. Consulting an attorney familiar with food safety litigation is crucial in determining the best course of action.

E. Coli Symptoms

Signs and symptoms of an E. coli O157:H7 infection usually begin 3 to 4 days after exposure to the bacteria, though some people start getting sick as soon as 1 day after ingesting contaminated foods.

Symptoms of food poisoning include:

  • Diarrhea (may be watery or bloody)
  • Abdominal cramping
  • Pain
  • Tenderness
  • Nausea
  • Vomiting

Source: Mayo Clinic [7].

CDC Recommendation

Health officials have advised consumers, restaurants, and retailers to discard all Fresh Express Salad Kits with a best-before date up to and including Dec. 7, 2019, and with the identification code UPC 0 71279 30906 4, beginning with lot code Z. Under no circumstances should these salads be consumed, even if they look and smell normal, according to the CDC.

FAQs

Can Consumers Seek Compensation if They Became Ill After Eating Fresh Express Salads?

Yes, consumers who became ill after eating contaminated Fresh Express salads can seek compensation through legal action, covering medical expenses, lost wages, and other related damages.

What Actions Has Fresh Express Taken in Response to the Contamination Claims?

Fresh Express has initiated a recall, conducted thorough investigations, and is working with health authorities to ensure all affected products, including recalled salad kits, are removed from shelves to prevent further harm.

Are There Specific Fresh Express Salad Products That Were Recalled?

Yes, specific Go Fresh Express salsa and salad bag packaging label products were recalled due to contamination concerns. Consumers should check the recall list for affected products and avoid consuming them.

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See all related food poisoning lawsuits our attorneys covered so far.

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Have you or a loved one suffered food poisoning from consuming contaminated food or beverages?

Do I Have a Fresh Express Salad Lawsuit?

The Food Poisoning Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Fresh Express Salad Lawsuits. We are handling individual litigation nationwide and currently accepting new E. coli cases in all 50 states.

If you or a loved one got sick after eating a Fresh Express salad, you should contact our law firm immediately. You may be entitled to compensation by filing a lawsuit and we can help.

References:

  1. https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/fresh-express-announces-recall-fresh-salad-products-due-potential-health-risk
  2. https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/fresh-express-recalls-limited-quantity-expired-fresh-express-kit-caesar-supreme-due-potential-health
  3. https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/fresh-express-issues-precautionary-recall-products-containing-iceberg-red-cabbage-and-carrots
  4. https://www.cdc.gov/parasites/cyclosporiasis/outbreaks/2020/index.html
  5. https://www.fda.gov/food/outbreaks-foodborne-illness/outbreak-investigation-e-coli-salad-mix-december-2019
  6. https://www.cdc.gov/ecoli/2019/o157h7-12-19/index.html
  7. https://www.mayoclinic.org/diseases-conditions/e-coli/symptoms-causes/syc-20372058

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